Hogan Lovells 2024 Election Impact and Congressional Outlook Report
Radiofrequencies power society. They support handset, Wi-Fi, and satellite connectivity; news broadcast coverage; maritime and aviation safety; Earth and space science; and meteorological monitoring. They do not, however, stop at country borders. Given this reality, the International Telecommunication Union (ITU) Radio Regulations (RR) are necessary to provide an international structure to safeguard such services.
The ITU’s World Radiocommunication Conference (WRC) modifies the RR and adopts agenda items for future WRCs to consider. The 2023 WRC included a record 3,994 delegates (176 U.S. delegates) and approximately 150 ITU member states. From mid-November to December 2023, WRC delegates adopted ITU RR modifications to accommodate new radiofrequency-based services without constraining existing services while finetuning other regulatory provisions to ensure equitable and transparent radiofrequency and orbital access.
ITU Secretary-General, Doreen Bogdan-Martin, addressing WRC-23
Courtesy: ITU
FCC Chairwoman, Jessica Rosenworcel; ITU Telecommunication Development Bureau Director, Cosmas Zavazava; ITU Telecommunication Standardization Bureau Director, Seizo Onoe; ITU Radiocommunication Bureau Director, Mario Maniewicz; Director General H. E. Engineer Majed Sultan Al Mesmar; ITU Secretary-General, Doreen Bogdan-Martin; and various UAE officials observing WRC-23 proceedings (from left to right)
Courtesy: ITU
ITU Secretary-General, Doreen Bogdan-Martin; Deputy U.S. Chief Technology Officer for Policy, Austin Bonner; FCC Commissioner, Geoffrey Starks (speaker); Commerce and State Department officials; and U.S. WRC-23 Ambassador Steve Lang welcoming WRC-23 delegates at the U.S. reception (from left to right)
Courtesy: Hogan Lovells
The ITU has published WRC-23’s decisions as Provisional Acts and will release the Final Acts in 2024 after completing editorial revisions. Below is a summary of the significant WRC-23 decisions and future agenda items for consideration at WRC-27 and WRC-31.
WRC-23 decided on changes affecting numerous telecommunications sectors, and in particular the satellite sector, as well as future WRC agenda items. Below are brief highlights with additional details appearing in the tables following this summary.
International Mobile Telecommunications (IMT). Identified various bands between 3300 MHz and 10.5 GHz for IMT, particularly for terrestrial 5G and 6G service.
High-Altitude Platform Stations as IMT Base Stations (HIBS). Identified various bands between 694 MHz and 2690 MHz for HIBS.
Global Maritime Distress and Safety System (GMDSS). Introduced, among other things, new Chinese GSO satellites (BeiDou Message Service System) into the GMDSS in 1614.4225-1618.725 MHz, 1616.3-1620.38 MHz (Earth-to-space), and 2483.59-2499.91 (space-to-Earth) subject to coordination and further ITU and WRC review.
Satellites. Adopted regulatory provisions, allocations, and future studies for various satellite use cases.
Earth Stations in Motion (ESIMs). Finalized globally harmonized regulatory provisions governing aeronautical and maritime fixed-satellite service (FSS) ESIMs in 12.75-13.25 GHz (Earth-to-space) with geostationary orbit (GSO) FSS networks and in 17.7-18.6 GHz, 18.8-19.3 GHz, and 19.7-20.2 GHz (space-to-Earth) and 27.5-29.1 GHz and 29.5-30 GHz (Earth-to-space) with a non-geostationary orbit (NGSO) FSS network or system.
New allocations. Added a –
(1) space research service allocation in 14.8-15.35 GHz (space-to-space, space-to-Earth, and Earth-to-space) on a primary basis except the new service allocation remains secondary with respect to terrestrial services in various countries, including the United States;
(2) inter-satellite service allocation in 18.1-18.6 GHz, 18.8-20.2 GHz, and 27.5-30 GHz for space research, space operation, and/or Earth exploration-satellite applications and data transmissions originating from industrial and medical activities in space; and
(3) FSS allocation in 17.3-17.7 GHz FSS (space-to-Earth) for GSO and NGSO operations in Region 2 (see ITU regional breakdown below).
Orbital tolerances. Adopted permissible deviations from the orbital altitudes and inclinations that have been notified to the ITU by NGSO FSS, mobile-satellite service (MSS), and broadcasting-satellite service (BSS) satellites in the 10.7-51.4 GHz frequency range.
Constellation deployment milestone reporting. Adopted reporting obligations for the orbital characteristics of NGSO FSS, MSS, and BSS satellites in the 10.7-51.4 GHz frequency range after completing constellation deployment milestones with the first notification occurring 11 years after the after the 7-year regulatory bringing-into-use deadline and subsequent notifications occurring every 4 years afterwards.
Aggregate EPFD. Supported development of a methodology to calculate and model NGSO FSS systems’ aggregate co-frequency equivalent power flux-density (EPFD); and agreed that administrations operating or planning to operate NGSO FSS systems shall hold consultative meetings on a regular basis (e.g., yearly) to ensure GSO FSS or GSO BSS network protection from NGSO FSS systems.
Future agenda items. Following are some agenda items that WRC-23 agreed to address at WRC-27.
IMT. Spectrum identifications in the frequency bands 4400-4800 MHz, 7125-8400 MHz (or parts thereof), and 14.8-15.35 GHz for next generation terrestrial mobile services, such as 5G and 6G
FSS. Regulatory provisions for aeronautical and maritime V-band FSS ESIMs, small FSS antennas in Ku-band, and radio astronomy protection specifically in Radio Quiet Zones (RQZs) from aggregate NGSO FSS radiofrequency interference; allocations for NGSO FSS in 51 GHz and FSS in 17 GHz for Region 3, as well as 17 GHz EPFD requirements for Regions 1 and 3; and equitable access or band planning for V-band FSS networks or systems
MSS. Allocations for MSS space-to-space links in 1518-2483.5 MHz; low-data-rate NGSO MSS in 1427-2025 MHz; direct-to-device MSS connectivity in 694/698-2700 MHz (bands identified for terrestrial IMT in Rec. ITU-R M.1036); and standard MSS in 2010-2170 MHz
Lunar. Frequency-related matters, including possible new or modified space research service (space-to-space) allocations for future development of communications on the lunar surface and between lunar orbit and the lunar surface
70/80 GHz changes. Satellite power limits to protect co-frequency E-band terrestrial services; satellite and terrestrial limits to protect adjacent E-band Earth exploration-satellite service (passive) and the radio astronomy service
Other. Limits on unauthorized NGSO FSS and MSS earth stations
WRC-23 opted for no change regarding sub-orbital vehicles, uncrewed aircraft system (UAS) command-and-control links’ use of GSO FSS networks, narrowband MSS allocations, and single-entry EPFD future studies.
Before WRC-23, the associated Radiocommunication Assembly (RA) met. The RA handles the structure, program, and approval of radiocommunication studies supporting WRC actions. Below are the notable RA-23 adoptions:
"IMT-2030" as the technical reference for 6G;
new Recommendation ITU-R M.2160 on the "IMT-2030 Framework" for IMT-2030 development;
new Resolution ITU-R 73 on use of IMT technologies for fixed wireless broadband in the frequency bands allocated to the fixed service on a primary basis; and
new Resolution ITU-R 74 on space sustainability for long-term sustainable use of radio-frequency spectrum and associated NGSO satellite orbit resources (with immediate focus on creation of a related handbook and ITU website page containing a compendium of related links).
For additional coverage, visit the ITU RA-23 press release.
The ITU aims to globally harmonize radiofrequency allocations. But occasionally, it adopts regional radiofrequency allocations. The following illustration depicts the three ITU-R regions. In general, Region 1 covers Europe, Africa, and Russia; Region 2 covers the Americas; and Region 3 covers Asia and Oceania.
AI # |
Short Description |
Result |
1.2 |
Terrestrial IMT |
3300-3400 MHz. Added IMT identification in various African countries and Region 2 3600-3700 MHz. Added IMT identification in Region 2 3700-3800 MHz. Added IMT identification in various Region 2 countries, including the United States
6425-7025 MHz. Added IMT identification in Cambodia, Lao P.D.R., and the Maldives 6425-7125 MHz. Added IMT identification in Region 1, Brazil, and Mexico 7025-7125 MHz. Added IMT identification in Region 3
10.0-10.5 GHz. Added IMT identification in Brazil, Colombia, Costa Rica, Cuba, the Dominican Republic, Ecuador, Guatemala, Jamaica, Mexico, Paraguay, Peru, and Uruguay |
1.4 |
HIBS |
698-960 MHz or portions thereof. Added HIBS identification in Region 2 (with 694-728 MHz, 830-835 MHz, and 805.3-806.9 MHz limited to ground-to-HIBS operations)
694-960 MHz or portions thereof. Added HIBS identification in Region 1 (with 694-728 MHz, 830-835 MHz, and 805.3-806.9 MHz limited to ground-to-HIBS operations)
698-960 MHz or portions thereof. Added HIBS identification in Australia, Maldives, Micronesia, Papua New Guinea, Tonga, and Vanuatu (with 698-728 MHz and 830-835 MHz limited to ground-to-HIBS operations)
703-733 MHz, 758-788 MHz, 890-915 MHz, and 935-960 MHz or portions thereof. Added HIBS identification in China, India, Indonesia, Japan, Korea (Rep. of), Malaysia, the Philippines, and Thailand (with 698-728 MHz and 830-835 MHz limited to ground-to-HIBS operations)
1710-1980 MHz; 2010-2025 MHz; 2110-2170 MHz. Added HIBS identification in Regions 1 and 3 (with 1710-1785 MHz limited to ground-to-HIBS operations in Region 1, 1710-1815 MHz limited to ground-to-HIBS operations in Region 3, and 2110-2170 MHz limited to HIBS-to-ground operations in both regions)
1710-1980 MHz; 2110-2160 MHz. Added HIBS identification in Region 2 (with 1710-1785 MHz limited to ground-to-HIBS operations and 2110-2170 MHz limited to HIBS-to-ground operations)
2500-2690 MHz. Added HIBS identification in Regions 1 and 2 (for ground-to-HIBS operations only) 2500-2655 MHz. Added HIBS identification in Region 3 (for ground-to-HIBS operations only) |
1.6 |
Sub-orbital vehicles |
No regulatory provisions adopted |
1.8 |
UAS control and non-payload communications using GSO FSS networks |
No regulatory provisions adopted |
1.11 |
Global Maritime Distress and Safety System (GMDSS) modernization |
Adopted various regulatory provisions with two notable changes summarized below:
|
1.13 |
Ku-band space research service allocation upgrade |
Added 14.8-15.35 GHz space research service allocation (space-to-space, space-to-Earth, and Earth-to-space) on a primary basis except the service remains secondary with respect to terrestrial services in various countries, including the United States |
1.15 |
Ku-band GSO FSS earth stations in motion (ESIMs) |
Adopted regulatory provisions permitting GSO FSS aeronautical and maritime ESIMs in 12.75-13.25 GHz (Earth-to-space) |
1.16 |
Ka-band NGSO FSS ESIMs |
Adopted regulatory provisions permitting NGSO FSS aeronautical and maritime ESIMs in 17.7-18.6 GHz, 18.8-19.3 GHz, and 19.7-20.2 GHz (space-to-Earth) and 27.5-29.1 GHz and 29.5-30 GHz (Earth-to-space) |
1.17 |
Ka-band inter-satellite links |
Added inter-satellite service allocation in 18.1-18.6 GHz, 18.8-20.2 GHz, and 27.5-30 GHz for space research, space operation, and/or Earth exploration-satellite applications and data transmissions originating from industrial and medical activities in space |
1.18 |
Narrowband MSS |
No regulatory provisions adopted |
1.19 |
Ka-band FSS allocation |
Added FSS (space-to-Earth) allocation in 17.3-17.7 GHz for GSO and NGSO operations in Region 2 |
7A |
Orbital tolerance |
Implemented permissible deviations from the orbital altitudes and inclinations, notified to the ITU, for NGSO FSS, MSS, and BSS satellites in the 10.7-51.4 GHz frequency range
New reporting obligations now apply at two stages. Stage 1 notification occurs during the bringing into use, bringing back into use, or constellation deployment milestone notification. At this time, a national administration must disclose orbital altitude and inclination for each satellite and take additional action, as follows, depending on the variation between the ITU filing and observed characteristics:
Stage 2 notification occurs after the bringing into use, bringing back into use, or constellation deployment milestone notification if the difference between the ITU filing and observed characteristics exceeds the following permissible tolerances for a maximum of 60 consecutive days (in which case an ITU filing modification, and interference-protection reduction, may be necessary):
|
7B |
NGSO satellite constellation deployment milestones |
Adopted post-milestone reporting obligations with the first notification occurring eleven years after the 7-year regulatory bringing-into-use deadline and subsequent notifications occurring every four years after the first notification deadline
Required an administration to reduce the number of satellites in an ITU filing if a NGSO system that has met the constellation deployment milestones subsequently has less than X satellites in the following formula:
where N is the total number of satellites indicated in the ITU Master Register (BR IFIC Part I-S or Part II-S) for a particular NGSO system
Required an administration to explain why the NGSO system falls below the necessary number for informational purposes only and the ITU-R to publish such information on its website and include a report on such activities |
7J |
Aggregate EPFD limits protecting GSO FSS |
Urged the ITU, as a matter of urgency and preferably before July 30, 2027, to develop a suitable methodology for calculating the aggregate co-frequency EPFD produced by NGSO FSS systems and accurately modelling NGSO FSS operations compliance with aggregate EPFD limits protecting GSO FSS and GSO BSS networks in the frequency range 10.7-30 GHz
Agreed that administrations operating or planning to operate NGSO FSS systems shall, on a regular basis (e.g., yearly), hold a consultation meeting to determine the level of aggregate interference caused to GSO FSS or GSO BSS networks from NGSO FSS systems and determine the necessary measures to ensure compliance with the required level for protecting GSO FSS and GSO BSS networks |
10 |
Future WRC agenda items |
Adopted the WRC-27 agenda and WRC-31 preliminary agenda. See following tables for additional detail
Opted to omit a future agenda item on the hotly contested GSO and NGSO FSS spectrum sharing (single-entry EPFD) framework but adopted plenary minutes inviting studies on the matter |
AI # |
Short Description |
Complete Description |
1.1 |
V-band ESIMs |
Technical and operational conditions, and associated regulatory provisions, for the use of the frequency bands 47.2-50.2 GHz and 50.4-51.4 GHz (Earth-to-space), or parts thereof, by aeronautical and maritime ESIMs communicating with GSO and NGSO FSS space stations |
1.2 |
13/14 GHz small antenna |
Possible revisions of sharing conditions in the frequency band 13.75-14 GHz to allow the use of uplink FSS earth stations with smaller antenna sizes |
1.3 |
50 GHz NGSO gateway |
Use of the frequency band 51.4-52.4 GHz to enable use by gateway earth stations transmitting to NGSO FSS systems (Earth-to-space) |
1.4 |
17 GHz Updates in Regions 1 and 3 |
Primary allocation to the FSS (space-to-Earth) in the frequency band 17.3-17.7 GHz and a possible new primary allocation to the BSS (space-to-Earth) in the frequency band 17.3-17.8 GHz in Region 3, while ensuring the protection of existing primary allocations in the same and adjacent frequency bands, and consideration of EPFD limits to be applied in Regions 1 and 3 to NGSO FSS systems (space-to-Earth) in the frequency band 17.3‑17.7 GHz |
1.5 |
Explicit agreement |
Regulatory measures, and implementability thereof, to limit the unauthorized operation of NGSO FSS and MSS earth stations in countries seeking to block the service, and associated service area issues |
1.6 |
Q/V-band equitable access |
Technical and regulatory measures for FSS satellite networks/systems in 37.5-42.5 GHz (space-to-Earth), 42.5-43.5 GHz (Earth-to-space), 47.2-50.2 GHz (Earth-to-space), and 50.4-51.4 GHz (Earth-to-space) for equitable access to these frequency bands |
1.7 |
IMT |
IMT identification in the frequency bands 4400-4800 MHz, 7125-8400 MHz (or parts thereof), and 14.8-15.35 GHz for next generation terrestrial mobile services, such as 5G and 6G
|
1.8 |
231 GHz radiolocation |
Allocations to the radiolocation service on a primary basis in the frequency range 231.5-275 GHz and possible new identifications for radiolocation service applications in the frequency bands within the frequency range 275-700 GHz for millimetric and sub‑millimetric wave imaging systems |
1.9 |
WideBand HF (or WBHF) |
Appropriate regulatory actions to update RR Appendix 26 for aeronautical mobile (OR) high frequency modernization |
1.10 |
71/81 GHz power flux-density (PFD) limits |
PFD and equivalent isotropically radiated power limits for inclusion in Article 21 of the Radio Regulations for the FSS, MSS, and BSS to protect the fixed and mobile services in the frequency bands 71-76 GHz and 81-86 GHz |
1.11 |
MSS space-to-space links |
Technical and operational issues, and regulatory provisions, for space-to-space links among NGSO and GSO satellites in the frequency bands 1518-1544 MHz, 1545-1559 MHz, 1610-1645.5 MHz, 1646.5-1660 MHz, 1670-1675 MHz and 2483.5-2500 MHz allocated to the MSS |
1.12 |
MSS narrowband |
Allocations to the MSS and possible regulatory actions in the frequency bands 1427-1432 MHz (space-to-Earth), 1645.5-1646.5 MHz (space-to-Earth) (Earth-to-space), 1880-1920 MHz (space-to-Earth) (Earth-to-space) and 2010-2025 MHz (space-to-Earth) (Earth-to-space) required for the future development of low-data-rate NGSO MSS systems |
1.13 |
MSS IMT |
Allocations to the MSS for direct connectivity between space stations and IMT user equipment to complement terrestrial IMT network coverage in 694/698 MHz to 2.7 GHz (bands identified for terrestrial IMT in Rec. ITU-R M.1036) |
1.14 |
MSS 2 GHz |
New frequency allocations to the MSS in the frequency bands 2010-2025 MHz (Earth-to-space) and 2160-2170 MHz (space-to-Earth) in Regions 1 and 3 and 2120-2160 MHz (space-to-Earth) in all Regions |
1.15 |
Lunar |
Frequency-related matters, including possible new or modified space research service (space-to-space) allocations, for future development of communications on the lunar surface and between lunar orbit and the lunar surface |
1.16 |
RQZs |
Technical and regulatory provisions necessary to protect radio astronomy operating in specific RQZs and, in frequency bands allocated to the radio astronomy service on a primary basis globally, from aggregate radio-frequency interference caused by NGSO systems |
1.17 |
Space weather |
Regulatory provisions for receive-only space weather sensors in the following frequencies and their protection in the RR
|
1.18 |
EESS passive / RAS above 76 GHz |
Regulatory measures regarding the protection of the Earth exploration-satellite service (passive) and the radio astronomy service in certain frequency bands above 76 GHz from unwanted emissions of active services |
1.19 |
EESS passive 4-8 GHz |
Allocations to the Earth exploration-satellite service (passive) in the bands 4200-4400 MHz and 8400-8500 MHz for sea surface temperature measurement |
APPENDIX C (WRC-31 Preliminary Agenda)
AI # |
Short Description |
Complete Description (Note: Brackets indicate matters requiring further refinement at WRC-27 should the agenda item advance to WRC-31) |
2.1 |
275-325 GHz allocations |
New allocations to the fixed, mobile, radiolocation, amateur, amateur-satellite, radio astronomy, Earth exploration-satellite (passive and active) and space research (passive) services in the frequency range 275-325 GHz in the Table of Frequency Allocations of the Radio Regulations, with the consequential update of Nos. 5.149, 5.340, 5.564A, and 5.565 |
2.2 |
Wireless power transmission |
[Frequency bands] for [non-beam and beam] wireless power transmission to avoid harmful interference to the radiocommunication services caused by wireless power transmission |
2.3 |
Ku-band NGSO ESIMs |
Use of aeronautical and maritime earth stations in motion communicating with NGSO FSS (Earth-to-space) in the frequency band 12.75-13.25 GHz |
2.4 |
C-band ISLs |
Inter-satellite service allocations in the frequency bands 3700-4200 MHz and 5925-6425 MHz, and associated regulatory provisions, to enable links between NGSO and GSO satellites |
2.5 |
IMT AMS |
Primary allocation in the frequency bands [694-960 MHz, or parts thereof, in Region 1], 890-942 MHz, or parts thereof, in Region 2, and [3400-3700 MHz, or parts thereof, in Region 3] to the aeronautical mobile service for the use of International Mobile Telecommunications (IMT) user equipment in terrestrial IMT networks by non-safety applications |
2.6 |
102-275 GHz IMT |
Identification of the frequency bands [102-109.5 GHz, 151.5-164 GHz, 167-174.8 GHz, 209-226 GHz and 252-275 GHz] for International Mobile Telecommunications |
2.7 |
VHF maritime |
Improving the utilization of the VHF maritime mobile band |
2.8 |
MF and HF maritime |
Improving the utilization and channelization of maritime radiocommunication in the MF and HF bands, including potential revisions to Article 52 and Appendix 17 |
2.9 |
5 GHz RNSS |
Allocations to the radionavigation-satellite service (space-to-Earth) in the frequency bands [5030-5150 MHz and 5150-5250 MHz] or parts thereof |
2.10 |
23 GHz EESS |
Primary allocation to the Earth exploration-satellite service (Earth-to-space) in the frequency band 22.55-23.15 GHz |
2.11 |
37.5-52.4 GHz EESS |
Upgrade of the secondary allocation to the Earth exploration-satellite service (space-to-Earth) in the frequency band [37.5-40.5 GHz] or possible new worldwide frequency allocations on a primary basis to the Earth exploration-satellite service (space-to-Earth) in certain frequency bands within the frequency range [40.5-52.4 GHz] |
2.12 |
3.0-3.1 GHz / 3.3-3.4 GHz EESS (active) |
Allocations to the Earth exploration‑satellite service (active) in the frequency bands [3000-3100 MHz] and [3300-3400 MHz] on a secondary basis |
2.13 |
9-10 GHz EESS (active) restrictions |
Studies on coexistence between spaceborne synthetic aperture radars operating in the Earth exploration-satellite service (active) and the radiodetermination service in the frequency band 9200-10400 MHz, with possible actions as appropriate |
Please contact our team if you want to discuss any ITU matters further and/or would like a copy of the relevant text.
Authored by George John, Gerry Oberst, Andrew McCardle, and Jay Mills.